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B. Published opinions

Demonta Antonio Hall v. Wisconsin Department of Justice, 2020 WI App 12; case activity (including briefs) In a decision that will certainly benefit some people who were arrested for a crime but never charged, the court of appeals orders the Department of Justice to expunge its records showing Demonta Hall was arrested for two felony… Read more

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February 2020 publication list

On February 26, 2020, the court of appeals ordered publication of three decisions; none of them are in a criminal law related case… Read more

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State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel… Read more

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State v. Angel Mercado, 2020 WI App 14, petition for review granted, 5/19/20; reversed 1/20/20; case activity (including briefs) The court of appeals orders a new trial for Mercado on the grounds the circuit court erred in admitting the video statements of three children who accused him of sexually assaulting them. The circuit court didn’t… Read more

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Ban on firearm silencers is constitutional

State v. Thomas Michael Barrett, 2020 WI App 13; case activity (including briefs) The court of appeals rejects Barrett’s facial and void-for-vagueness challenges to Wisconsin’s prohibition on firearm silencers, § 941.298. Barrett’s facial challenge argues the statute violates the Second Amendment, and relies on District of Columbia v. Heller, 554 U.S. 570 (2008). ¶19    … Read more

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January 2020 publication list

On January 29, 2020, the court of appeals ordered publication in the following criminal law related cases: State v. James L. Jackson, Jr., 2020 WI App 4 (requiring internet identifiers of sex offender registrants doesn’t violate First Amendment) Dane County DHS v. J.R., 2020 WI App 5 (rejecting an “as applied” challenge to amended §… Read more

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State v. James L. Jackson, 2020 WI App 4; case activity (including briefs) Jackson pleaded to the crime of failing to give updated information to the sex offender registry. The information at issue was the fact that he’d created a Facebook account and email address. This ran afoul of Wis. Stat. § 301.45(2)(a)6m., which requires… Read more

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December 2019 publication list

On December 18, 2019, the court of appeals ordered publication of the following criminal law related cases: State v. Brian L. Halverson, 2019 WI App 66 (incarceration is no longer custody per se under Miranda) State v. Jeffrey L. Ionescu, 2019 WI App 68 (“warm” pursuit is as good as “hot” pursuit, at least in… Read more

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